Toia v. Schueler

Appellate Division of the Supreme Court of New York

Toia v. Schueler

55 A.D.2d 621, 389 N.Y.S.2d 414, 1976 N.Y. App. Div. LEXIS 15351

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 1976

StatusPublished

This text of 55 A.D.2d 621 (Toia v. Schueler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toia v. Schueler, 55 A.D.2d 621, 389 N.Y.S.2d 414, 1976 N.Y. App. Div. LEXIS 15351 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78 to compel certain officials of Dutchess County and the Dutchess County Legislature to provide adequate funds for the home relief and medical assistance programs in the County of Dutchess, the appeal is from a judgment of the Supreme Court, Dutchess County, entered October 13, 1976, which, after a hearing, inter alia, ordered the officials and the county Legislature to "provide the necessary funds forthwith for the Home Relief and Medical Assistance Programs for the County of Dutchess for the balance of the Fiscal Year 1976”. Judgment affirmed, with costs. A county may not evade its obligation to provide for the welfare needs of its residents by the county Legislature’s refusal to allocate funds therefor (NY Const, art XVII, § 1; Social Services Law, §§ 61, 83, 88, 90, 92, 93; Matter of Toia v Regan, 54 AD2d 46, affd 40 NY2d 837). Gulotta, P. J., Hopkins, Martuscello and Suozzi, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel certain officials of Dutchess County and the Dutchess County Legislature to provide adequate funds for the home relief and medical assistance programs in the County of Dutchess, the appeal is from a judgment of the Supreme Court, Dutchess County, entered October 13, 1976, which, after a hearing, inter alia, ordered the officials and the county Legislature to "provide the necessary funds forthwith for the Home Relief and Medical Assistance Programs for the County of Dutchess for the balance of the Fiscal Year 1976”. Judgment affirmed, with costs. A county may not evade its obligation to provide for the welfare needs of its residents by the county Legislature’s refusal to allocate funds therefor (NY Const, art XVII, § 1; Social Services Law, §§ 61, 83, 88, 90, 92, 93; Matter of Toia v Regan, 54 AD2d 46, affd 40 NY2d 837). Gulotta, P. J., Hopkins, Martuscello and Suozzi, JJ., concur.

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Bluebook (online)

55 A.D.2d 621, 389 N.Y.S.2d 414, 1976 N.Y. App. Div. LEXIS 15351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toia-v-schueler-nyappdiv-1976.

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